Texas Town May Ban Music on Rivers

Published 7:00 pm, Friday, March 21, 2003

The New Braunfels City Council will consider an ordinance Monday that would make playing music on the Comal and Guadalupe rivers in the city limits illegal.

"I will support it totally," Councilman Ken Valentine said. "They interfere with the pursuit of happiness of other tubers and the people who live along the rivers."

In recent years, the boom boxes have gotten bigger, with some so large they are powered by car batteries and take three or four people to carry, Assistant City Manager Don Ferguson said.

The loud music draws large crowds that create problems for law enforcement, he said.

"We are seeing crowds of 100 or 200 people floating together, and typically at the center of it is a large boom box," Ferguson said. "It is not a new problem, but in the last couple of years the problem has escalated considerably."

Valentine said the loud music contributes to a rowdy atmosphere that drives away the families the city would like to see using the river.

The ordinance would not ban the possession of radios, tape or compact disc players, but it would make their operation on the rivers inside the city limits a Class C misdemeanor, punishable by a fine of up to $500.

"This will really help the quality of the tubing experience on the river for families," Valentine told the San Antonio Express-News for its Saturday editions.

Ferguson said city staff has reviewed the ordinance and believe it is legal, but civil libertarians criticized the proposal as an infringement on people's rights.

"We are always going to oppose statutes that are overly broad," said Edward Pina, a San Antonio attorney on the national board of directors of the American Civil Liberties Union.

"Any time the government is trying to control an otherwise legal activity, it should have a compelling state interest before doing so. I don't know what that compelling reason could possibly be here."

Ferguson said the existing noise ordinance is difficult to enforce on the rivers, because officers need to have someone complain about the noise and then need to find witnesses willing to testify in court.

If officers ask people to turn the music lower, they often turn the volume right back up as soon as they float a short distance away from police, he said.

Now Playing:

"This ordinance is unique, but it is being proposed for a purpose," Ferguson said. "It is a real simple ordinance. If you are found operating a boom box you get a ticket."

Also Monday, the council will consider expanding the existing ban on Styrofoam on the rivers to include riverfront parks. The move would help fight litter in the rivers, supporters said.